It is clear that you at least meet the first requirement which is that you are ordinarily resident in Qld. I appreciate that it is the "AND" parts which are the current stumbling blocks - both were ordinarily resident there for a third of the relationship OR substantial contributions had been made there.
There are no "exemptions" per se however where it can be demonstrated to the court that there would be a serious injustice if the application was not heard in Qld, the court may still be willing to accept your application.
In your supporting affidavit, you would include evidence as to the financial and geographical difficulties you would experience if the matter had to be heard in WA and evidence to show that you have been advised by the WA court that you must file in Qld because it is already dealing with the child proceedings.
If the Respondent consented to the application being heard in Qld, then this problem would also go away.
If the Qld court dismissed your application, you can file in WA.
Hi Riley.
It is clear that you at least meet the first requirement which is that you are ordinarily resident in Qld. I appreciate that it is the "AND" parts which are the current stumbling blocks - both were ordinarily resident there for a third of the relationship OR substantial contributions had been made there.
There are no "exemptions" per se however where it can be demonstrated to the court that there would be a serious injustice if the application was not heard in Qld, the court may still be willing to accept your application.
In your supporting affidavit, you would include evidence as to the financial and geographical difficulties you would experience if the matter had to be heard in WA and evidence to show that you have been advised by the WA court that you must file in Qld because it is already dealing with the child proceedings.
If the Respondent consented to the application being heard in Qld, then this problem would also go away.
If the Qld court dismissed your application, you can file in WA.